» Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case

Attorney with Briskman Briskman & Greenberg Remarks on Insurer’s Suit to Avoid Defense in $25 Million Worker Death Case

Chicago, IL (Law Firm Newswire) February 17, 2014 – An insurance company is suing to avoid defending a worker death lawsuit.

The dispute arises from a wrongful death lawsuit filed by the family of a construction worker who was buried alive in a workplace accident. State National Insurance Company argues that it has no obligation to defend US-Sino Investment Incorporated, the construction company named as a defendant.

State National has filed a complaint in federal court, claiming that it owes no duty of indemnification to US-Sino or the owner, Richard Xin Liu. The 2012 accident killed Raul Zapata Mercado and led regulators to issue a suspension of the company's contractor’s license.

“Far too many workers are injured or killed on the job all across the country,” observed Robert Briskman, a Chicago work injury attorney. “In the case of a tragic death such as this one, a wrongful death lawsuit may be appropriate to bring some compensation to the family of the victim.”

In January 2012, a 12-foot-deep trench collapsed on Mercado at a Milpitas, California construction site after a three-week period of heavy rain. Mercado's family filed a wrongful death lawsuit against the company a year later, demanding $25 million, including an award of punitive damages.

In the current case, the insurer has pointed to several exclusions that deny coverage for injury claims by contractors or employees in its commercial liability policy with US-Sino.

Another lawsuit has been brought against US-Sino by the owner of the home where the accident took place, claiming that the company failed to resume work after the accident.

State National argues that its policy excludes coverage for both suits. In addition to the exclusion regarding employee actions, the insurer cited other similar clauses, including one for punitive damages.

The insurer also claims that the policy excludes claims arising from “subsidence,” which includes events such as earthquakes, landslides and other earth movements.

The lawsuit seeks court orders to establish that the two lawsuits do not give rise to an indemnity obligation from State National. The insurer is also seeking reimbursement for costs already incurred while defending the construction company in the litigation.

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
Facebook: Like Us!
Google+ Contact a Chicago personal injury attorney from Briskman Briskman & Greenberg on Google+.

  • How a worker lost six fingers due to his employer’s safety violations
    A 21-year-old temporary employee’s six fingers were amputated during a workplace accident on November 4, 2015. He had been working for four weeks at Custom Aluminum Products, a metal manufacturer based in South Elgin, Illinois. The company faces penalties of $70,000 for safety violations that led to the injury. The U.S. Department of Labor’s Occupational ...
  • OSHA fines four Illinois companies after construction worker’s death
    An employee sustained fatal blunt force injuries while working at a wastewater treatment plant in Springfield, Illinois, in October 2015. The 42-year-old man was testing joints for leaks inside a 54-inch pipe when an inflatable bladder burst. According to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA), Henderson Construction of Central Illinois ...
  • The occurrence of pharmacy errors after hospital discharge
    As reported in the Chicago Tribune, two weeks after a patient named Joyce Oyler was discharged from the hospital, she had sores in her mouth and throat, and blood was flowing from her nose and bowels. Her daughter attributed her mother’s condition to a medication error. One drug that her mother was prescribed was missing. ...
  • Medication mistakes in nursing homes can cause patients to be hospitalized
    According to knowledge acquired by NBC 5 Investigates through a search of public records, medication errors committed in Illinois nursing homes are causing patients to be hospitalized for such conditions as critically low blood sugar, visual hallucinations and difficult breathing. Since 2011, state health inspectors confirmed that there were 384 medication errors committed in nursing ...
  • Think You’re Safe After Leaving the Hospital?
    Post hospital discharge pharmacy errors are on the rise.

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required